# In the matter of SRS Real Infrastructure Limited CP (IB No. 158-Chd-Hry-2018

> NCLT judgment dated 2019-01-21. Citation: TCN-2019-NCLT-05207. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 21 Jan 2019
- **Citation:** TCN-2019-NCLT-05207
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/srs-real-infrastructure-limited-cp-ib-no-158-chd-hry-2018-ddddc53c

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by an Operational Creditor against a Corporate Debtor. The application was for initiating the insolvency resolution process.

## Facts

Mr. Dharmender Sharma, Proprietor of ADP Interiors and Contractors, filed a petition as an Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 against SRS Real Infrastructure Limited, the Corporate Debtor. The petition sought to initiate the insolvency resolution process. The Resolution Professional furnished written communication in Form No. 2, which was found to be in order. The matter was fixed for passing the formal order of declaring moratorium and for appointment of Interim Resolution Professional. The key facts are the filing of the petition, the nature of the creditor as operational, and the court's consideration of the application and related documents.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court considered the application and the documents submitted by the Resolution

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied Section 9 to the facts of the case, finding that the

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** Dharmender…
- **Respondents:** SRS Real Infrastru…

## Timeline

- **2019-01-10 — Admission of Insolvency…**: The insolvency…
- **2019-01-21 — Order Del…**: The order was delivered…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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